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Kennedys in Australia promotes liability partner
Kennedys has promoted liability claims specialist Emily Unger to the Australian partnership.
Case review 27/04/2023
Reasonableness of settlements revisited
The judgment in DIPT Ltd & Ors v Sanglier Ltd; Sanglier Ltd v Apollo Chemicals Ltd  handed down by the Technology and Construction Court reminds us that a pragmatic approach should be adopted when considering the reasonableness of settlements.
Case review 04/04/2023
Location, location, “location insured” – the Full Federal Court interprets a rainfall exclusion in a contract works policy
In the recent decision of Acciona Infrastructure Australia Pty Ltd v Zurich Australian Insurance Limited, the Federal Court of Australia held that insurers could rely on a rainfall exclusion in a contract works policy on the basis of logic and business efficacy. This decision highlights that insureds and insurers should be careful to ensure that the level of cover they hold is adequate, and that policies are appropriately drafted and priced.
Insurance forecast 2023: claims trends and future risks
Drawing on our experience across various risks, this 2023 insurance forecast report highlights some of the key trends that we anticipate will shape the insurance agenda for 2023 and beyond.
Major Property Insurance Reform Bill signed into law
During the current Florida Legislative session, residential and commercial property insurance reform has been a focal point of the Legislature. On December 13, 2022, the Florida Senate passed Senate Bill 2A (“SB 2A”), which was passed without amendment by the Florida House and presented to the Governor on December 14, and signed into law on December 16th.
Oklahoma Supreme Court joins majority of COVID-19 decisions and finds for insurer in COVID-19 coverage dispute with Cherokee Nation
The Oklahoma Supreme Court is the most recent state high court to hold that property insurance policies do not provide coverage for COVID-19 related business interruption losses. In Cherokee Nation v. Lexington Insurance Company, 2022 OK 71 (Sept. 13, 2022), the court reversed a trial court’s ruling that a Tribal Property Insurance Program (TPIP) policy provided coverage for the Cherokee Nation’s alleged business interruption losses resulting from its temporary closure of its properties in 2020 as a result of the COVID-19 Pandemic.
Case review 12/09/2022
The burning question: how can combustible cladding be BCA compliant?
In a rare cladding decision, the NSW Supreme Court in Strata Plan 92450 v JKN Para 1 Pty Ltd recently determined that the Plaintiff failed to demonstrate the use of combustible cladding on a building was a breach of the Building Code of Australia. Llinos Kent, Emily Schneider and Stephen Cremean review the decision and its implications for insurers and insureds.
We didn’t start the fire: the future of recovery actions
The 40-degree temperatures experienced in July 2022 would have been extremely unlikely without human-caused climate change. This is the conclusion of World Weather Attribution (WWA). This means that the destruction of homes by wildfires in the UK, while being ignited by other causes, occurred as a result of conditions caused by the changing climate.
The interpretation of BI coverage in a COVID-19 context – turning the corner
Following a number of recent Spanish court decisions impacting business interruption (BI) caused by the COVID-19 lockdown, the treatment of BI has significantly evolved. In this article, we take a look at this recent development and its impact on insurers of property policies and their insureds in Spain.
Beware of claims in the pipeline – construction trade associations warn of pre-insulated pipework fire risks
The fire resistance of buildings is being compromised by a “fundamental change” in the way pre-insulated pipework is used. This warning appeared in a joint statement issued by the Building Engineering Services Association and the Thermal Insulation Contractors Association in July 2022.